California Professional Forums - VR Voucher for undocumented workers

HOME PAGE

GO to Injured Worker Forum

Navigation:

login

ALL FORUM'S TOPICS OR VOCATIONAL REHABILITATION TOPICS

Thread Title: VR Voucher for undocumented workers
Created On Tuesday March 25, 2008 5:37 PM

valencia
Member

Posts: 27
Joined: Feb 2006

Tuesday March 25, 2008 5:37 PM

User is offline

View thread in raw text format

Is anyone aware of any cases addessing entitlement to a VR Voucher for undocumented workers? What are your thoughts about entitlement? Any reason not to assume application of the same reasoning behind entitlement under the old system to all services except for job placement? Thanks in advance for any comments.

Dean Tompkins
Valencia Wilberding & Tompkins

gaiassoul1@yahoo.com
Senior Member

Posts: 1275
Joined: Feb 2004

Tuesday March 25, 2008 11:09 PM

User is offline

View thread in raw text format

Since the VR voucher does not pay for job placement that would be immaterial.

There has been no caselaw, would be interesting to see the legislative intent on this issue

jakelast@aol.com
Senior Member

Posts: 1024
Joined: Jun 2002

Tuesday March 25, 2008 11:21 PM

User is offline

View thread in raw text format

The intersting question in this type of case is whether the employer has to make an offer of employment knowing that if the employee accepts, the employer is not able to accept the individual as an employee.

One of the maxims of law is that "the law does not require idle acts". Is making an offer of employment to an unemployable unlawful alien an idle act? Seems like an argument could be made.

Jake Jacobsmeyer
Shaw, Jacobsmeyer, Crain, Claffey & Nix

stewshe@comcast.net
Senior Member

Posts: 1381
Joined: Jun 2002

Wednesday March 26, 2008 5:38 AM

User is offline

View thread in raw text format

Jake,

Agreed.

One solution might be to make the offer, contingent upon the worker providing proper documentation. From the fact the documentation may have been, let's say "shakey" when the worker was hired, it does not follow the worker now lacks proper documentation.

I say "shakey" because of course no employer would admit to hiring an undocumented worker...right? The paperwork just got lost before, right?

Now, of course, after an injury on the job, the employer feels free to examine documentation in exquisite detail and sees nothing wrong with doing so....right?

-------------------------
Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

Stubaron
Junior Member

Posts: 1
Joined: Dec 2005

Wednesday March 26, 2008 9:31 AM

User is offline

View thread in raw text format

Read the old Del Taco case...

valencia
Member

Posts: 27
Joined: Feb 2006

Wednesday March 26, 2008 9:52 AM

User is offline

View thread in raw text format

The Voucher can be used, up to 10%, on "vocational or return to work counseling" (Reg. ﾧ10133.52). I have never seen it happen though.

Dean Tompkins
Valencia Wilberding & Tompkins

FORUMS > VOCATIONAL REHABILITATION

FuseTalk 3.0 - Copyright © 1999-2002 e-Zone Media Inc. All rights reserved.

© 2013 WorkCompCentral Workers Compensation Forums